United States and India: two nuclear states with legislation that truly holds responsible parties liable in case of a nuclear accident

Evelyne M. Ameye

Journal of Risk Research, 2015, vol. 18, issue 8, 1070-1082

Abstract: Nuclear law tends to be an 'exception' to ordinary tort law in many ways. This is due to its early military roots and initial fears of catastrophe containment. Yet, this 'exception' is not justified anymore. Producing energy in nuclear power plants is business-as-usual nowadays and is insured by multinational corporations like Swiss Re, Generali, Münich Re, AXA, etc. In this article, a key exception provided by nuclear law will be explained: how suppliers and designers of defective reactors escape any responsibility in case of a nuclear accident. Two nuclear states have adopted laws that deviate from this exception: the USA and India. Indeed, in both the USA and India, suppliers and designers of defective reactors can be held liable in case of a nuclear accident. In this author's opinion, the nuclear liability package provided for in the laws of the USA and India is a gateway to justice in case of a nuclear accident and should be an example for the rest of the world. Surprisingly, though, both countries are in disagreement on nuclear law issues. Explanations in this article will be given in simple terms, in an attempt to demystify legal issues surrounding nuclear energy. Nuclear energy should not be an exception, and Indian and US laws have understood that.

Date: 2015
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DOI: 10.1080/13669877.2014.971421

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